[Amended 5-24-1991 by L.L. No. 6-1991; 5-5-1997 by L.L. No. 4-1997]
Any person owning, controlling or managing any building, structure, land or premises therein or whereon there shall be placed on or there exists a structure or sewage disposal system in violation of this Part 1, and any person who shall commit or assist in the commission of any violation of this Part 1 or who shall build, erect, construct or attempt the same, any structure contrary to the plans or specifications submitted to the authorized official and by him certified as complying with this Part 1, and any person who shall omit, neglect or refuse to do any act required by this Part 1 shall be subject to a penalty of not more than $250 or to imprisonment for a term not exceeding 15 days, or both. Every such person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association, corporation or limited liability company, the principal executive officer, partner, agent, manager or member may be considered to be the person for the purposes of this article.
In case of any violation or threatened violation of any of the provisions of this Part 1, in addition to other remedies herein provided, the Town Board may institute any appropriate action or proceeding to prevent unlawful construction, structural alteration, repair, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the use of the individual sewage disposal system or to prevent any illegal act, conduct, business or use regarding such disposal system.
Any permit or approval granted under this Part 1 which is based upon or is granted in reliance upon any material representation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the Town Board under §§ 136-27 and 136-28 above.
Where the conditions imposed by any provision of this Part 1 are less restrictive than comparable conditions imposed by any other provisions of this Part 1 or of any other statute, ordinance, local law, order, rule or regulation, the provisions which are more restrictive shall govern.
The adoption of this Part 1 shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time this Part 1 takes effect.